RCMP Const. Darrin Meier on top of Irene Joseph next to Mark’s Work Warehouse on Dec. 6, 2014. (File photo)

RCMP Const. Darrin Meier on top of Irene Joseph next to Mark’s Work Warehouse on Dec. 6, 2014. (File photo)

Northern B.C. woman awarded $55K in RCMP excessive force suit

Irene Joseph alleged false arrest and assault and battery related to a 2014 incident in Smithers

A Wet’suwet’en woman who sued a Smithers RCMP constable and the Attorney General of Canada for false arrest and excessive force has been awarded $55,000 in damages plus undisclosed court costs.

In her judgment released Friday (May 22), B.C. Supreme Court Justice Brenda Brown wrote that most of the facts of the case were not in dispute.

On Dec. 6, 2014, Cst. Darrin Meier responded to a complaint from Mark’s Work Warehouse about two shoplifting suspects.

Outside the store, he attempted to question Joseph, who refused to cooperate. He then attempted to arrest her, but she resisted, so he took her to the ground with a leg sweep manoeuvre and tried to handcuff her, but she had pinned her hands underneath her own body to prevent it. After several moments of a struggle on the ground, he let her up as another officer arrived. He searched her purse and cell phone, but found no evidence of theft and they let her go.

READ MORE: Witness testimony in excessive force suit concludes

At a trial last November and December Joseph sought damages for direct injuries she sustained as a result of being improperly detained and arrested (bruising to her knees and abrasions on her hands) and for aggravation the incident caused to pre-existing injuries and anxiety.

She alleged false arrest, false imprisonment, assault and battery and breaches of her Charter rights for the search of her belongings.

The defence argued Meier had reasonable grounds to believe Joseph had shoplifted, was justified to arrest her and used reasonable force.

Brown disagreed.

“I am satisfied Ms. Joseph was false arrested, falsely imprisoned, assaulted and battered,” she wrote.

Meier also argued the suit was brought against the wrong parties saying only the B.C. Minister of Justice is liable for actions of provincial constables in the performance of their duties.

Brown said she was not persuaded that Meier had reasonable grounds to arrest Joseph. Even if there had been grounds for arrest, the judge also rejected the argument that the constable had used no more force than necessary.

“A younger, fit person may need to be taken to the ground and have cuffs applied, particularly where backup is not immediately available,” she wrote. “However, Ms. Joseph was 61 years old at the time of the incident. She walked with a walker.”

READ MORE: RCMP officer being investigated over excessive force accusation

The judge said Meier had other options.

Joseph argued she should receive damages of $30,000 to $50,000 for her injuries, $10,000 for Charter damages, $20,000 for aggravated damages (for pain, anguish, grief, humiliation etc.) and $20,000 for punitive damages.

The defence said, if awarded, the general damages should be limited to the bruises and abrasions in the order of $5,500, but reduced by 90 per cent for Joseph’s “contributory negligence” (a failure to act prudently, thus contributing to her own injury).

The judge disagreed.

“I found Ms. Joseph to be a credible and reliable witness with respect to these complaints,” Brown wrote. “She did not exaggerate these injuries or the effect on her. I accept her evidence with respect to these complaints.”

The judge cited Joseph’s age, injuries, severity and duration of pain, emotional suffering and loss of lifestyle in awarding $50,000 in general damages.

On Charter damages, the defence argued they are not appropriate relief for compensation for violation of Charter rights. The judge agreed on that point, but said they are appropriate for vindication of the plaintiff’s rights and deterrence of future breaches.

Brown awarded $5,000 in Charter damages.

The defence also argued against aggravated and punitive damages, saying these are normally awarded to compensate for distress and humiliation caused by a defendant’s insulting behaviour. They said Meier’s actions did not rise to the level of insult and argued that her distress and humiliation was a result of her own refusal to cooperate.

The judge did not specifically address this issue, but made no award of aggravated or punitive damages.

Finally, Brown dismissed the argument that only the provincial justice minister can be held responsible saying she could not be satisfied the RCMP was a provincial force or that Meier was deemed a provincial constable.

She ruled Meier and the Crown are liable for the damages and court costs.



editor@interior-news.com

Like us on Facebook and follow us on Twitter

lawsuit

Comments are closed

Just Posted

Brandon Hobbs (turquoise shirt), brother of missing Abbotsford man Adam Hobbs, gathers with other family and friends to distribute posters in Chilliwack on Thursday, June 17, 2021. (Jenna Hauck/ Chilliwack Progress)
Search efforts expand to Chilliwack and beyond for missing Abbotsford man

Family, friends put up posters in Chilliwack, Agassiz, Hope for missing 22-year-old Adam Hobbs

poster
Drop-in Covid vaccine clinic in Mission June 17-18

Neighbourhood clinics complement appointment-based clinics currently operating in Mission

Stock photo by LEEROY Agency from Pixabay
Drop-in vaccination clinics slated in Abbotsford for construction workers

Among three sites in Lower Mainland holding no-appointment clinics in June and July

A CH-149 Cormorant from 442 Transport and Rescue Squadron out of CFB Comox on a training exercise in Chilliwack on June 16, 2021. (William Snow photo)
VIDEO: Military search and rescue training in Chilliwack Wednesday

CH-149 Cormorant and CC-115 Buffalo from CFB Comox participated in downed aircraft rescue simulation

(Black Press Media files)
Get ready for mosquito season

Fraser Valley Regionsl District has already taken measures to curb the number of mosquitos

People line up to get their COVID-19 vaccine at a vaccination centre, Thursday, June 10, 2021 in Montreal. THE CANADIAN PRESS/Ryan Remiorz
Vaccines, low COVID case counts increase Father’s Day hope, but risk is still there

Expert says people will have to do their own risk calculus before popping in on Papa

Helen Austin performing with Trent Freeman at the 2018 Vancouver Island MusicFest. Austin is one of the many performers listed for the 2021 event.
Vancouver Island MusicFest goes virtual for 2021

Black Press to stream 25 hours of programming July 9-11

FILE – A science class at L.A. Matheson Secondary in Surrey, B.C. on March 12, 2021. (Lauren Collins/Surrey Now Leader)
Teachers’ union wants more COVID transmission data as B.C. prepares for back-to-school

BCTF says that details will be important as province works on plan for September

Provincial health officer Dr. Bonnie Henry outlines B.C.’s COVID-19 restart plan, May 25, 2021, including larger gatherings and a possible easing of mandatory masks on July 1. (B.C. government photo)
B.C. records 120 new COVID-19 cases, second vaccines accelerating

Lower Pfizer deliveries for early July, Moderna shipments up

A Heffley Creek peacock caught not one - but two - lifts on a logging truck this month. (Photo submitted)
Heffley Creek-area peacock hops logging trucks in search of love

Peacock hitched two lifts in the past month

The Calgary skyline is seen on Friday, Sept. 15, 2017. THE CANADIAN PRESS/Jeff McIntosh
2 deaths from COVID-19 Delta variant in Alberta, 1 patient was fully immunized

Kerry Williamson with Alberta Health Services says the patients likely acquired the virus in the hospital

The first suspension bridge is the tallest in Canada, with a second suspension bridge just below it. The two are connected by a trail that’s just over 1 km. (Claire Palmer photo)
PHOTOS: The highest suspension bridges in Canada just opened in B.C.

The Skybridge in Golden allows visitors to take in views standing at 130 and 80 metres

BC Green Party leader and Cowichan Valley MLA Sonia Furstenau introduced a petition to the provincial legislature on Thursday calling for the end of old-growth logging in the province. (File photo)
BC Green leader Furstenau introduces old-growth logging petition

Party calls for the end of old-growth logging as protests in Fairy Creek continue

B.C. Premier John Horgan leaves his office for a news conference in the legislature rose garden, June 3, 2020. (B.C. government photo)
B.C. premier roasted for office budget, taxing COVID-19 benefits

Youth addiction law that triggered election hasn’t appeared

Most Read